Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 54901 

2142, 2183, 2203, 2208, 2209, 2243, 2244, 

2252, 2278a–9, 2278b–6, 2279a–2279f–1, 

2279aa–5(e)); secs. 411 and 412 of Pub. L. 

100–233, 101 Stat. 1568, 1638; secs. 409 and 

414 of Pub. L. 100–399, 102 Stat. 989, 1003, 

and 1004. 

Subpart G—Mergers, Consolidations, 

and Charter Amendments of 

Associations 

§ 611.1124 [Amended] 

■ 11. Amend § 611.1124 by removing 

the reference, ‘‘§ 611.1090 of this part’’

and adding in its place, ‘‘section 5.17(a) 

of the Act’’ in paragraph (n). 

Dated: September 14, 2006. 

Roland Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 06–7951 Filed 9–19–06; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–24955; Directorate 

Identifier 2006–CE–31–AD; Amendment 39–

14768; AD 2006–19–11] 

RIN 2120–AA64 

Airworthiness Directives; Gippsland 

Aeronautics Pty. Ltd. Model GA8 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an airworthiness authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

October 25, 2006. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 25, 2006. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4059; facsimile: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 19, 2006 (71 FR 35223). 

That NPRM proposed to require 

relocating the seat stop of the pilot and 

second occupant seat. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Jack Buster with the Modification and 

Replacement Parts Association 

(MARPA) provides comments on the 

MCAI AD process pertaining to how the 

FAA addresses publishing manufacturer 

service information as part of a 

proposed AD action. The commenter 

states that the proposed rule attempts to 

require compliance with a public law by 

reference to a private writing (as 

referenced in paragraph (e) of the 

proposed AD). The commenter would 

like the FAA to incorporate by reference 

(IBR) the Gippsland service bulletin. 

We agree with Mr. Buster. However, 

we do not IBR any document in a 

proposed AD action, instead we IBR the 

document in the final rule. Since we are 

issuing the proposal as a final rule AD 

action, Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–

2005–29, Issue 2, dated February 14, 

2006, is incorporated by reference. 

Mr. Buster requests IBR documents be 

made available to the public by 

publication in the Federal Register or in 

the Docket Management System (DMS). 

We are currently reviewing issues 

surrounding the posting of service 

bulletins in the Department of 

Transportation’s DMS as part of the AD 

docket. Once we have thoroughly 

examined all aspects of this issue and 

have made a final determination, we 

will consider whether our current 

practice needs to be revised. 

Mr. Buster comments on the 

vagueness of paragraph (g)(2) of the 

proposed AD and states that the 

requirements may be unenforceable in a 

court of law. 

We partially agree with Mr. Buster. 

We are considering clarifying the text of 

paragraph (g)(2) in future ADs to more 

clearly remind operators they are 

required to assure a product is 

airworthy before it is returned to 

service. However, we consider the 

existing text to be legally enforceable 

since it requires performing FAAapproved corrective actions before 

returning the product to an airworthy 

condition. No change is required to this 

final rule in that regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable in a U.S. 

court of law. In making these changes, 

we do not intend to differ substantively 

from the information provided in the 

MCAI and related service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

described in a separate paragraph of the 

AD. These requirements, if any, take 

precedence over the actions copied from 

the MCAI. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

22 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to do the action and 

that the average labor rate is $80 per 

work-hour. Required parts will cost 

about $20 per product. Where the 

service information lists required parts 

costs that are covered under warranty, 

we have assumed that there will be no 

charge for these costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD on U.S. operators to be $7,920, 

or $360 per product ($180 per seat 

assembly). 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 


rwilkins on PROD1PC63 with RULES
54902 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov; or in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains the 

NPRM, the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647–

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2006–19–11 Gippsland Aeronautics Pty. 

Ltd.: Amendment 39–14768 Docket No. 

FAA–2006–24955; Directorate Identifier 

2006–CE–31–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 25, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model GA8 

airplanes, all serial numbers through GA8–

05–088, that are certificated in any U.S. 

category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) issued by 

the airworthiness authority for Australia 

states that the aircraft manufacturer has 

determined that the current location of the 

pilot and second occupant seat stops is such 

that, at either seat’s most forward position, 

aft movement of the control column can be 

restricted by the seat structure. If not 

corrected, this condition could lead to 

reduced controllability of the airplane in 

certain conditions. The MCAI requires 

relocating the seat stop to eliminate this 

condition. 

Actions and Compliance 

(e) Unless already done, do the following 

except as stated in paragraph (f) below: 

(1) At the next regularly scheduled 

maintenance inspection (e.g. 100 hour or 

annual) that occurs 30 days or more after 

October 25, 2006 (the effective date of this 

AD), modify the pilot and second occupant 

seat track rails to add a new stop location. 

(2) Do the modification following 

Gippsland Aeronautics Mandatory Service 

Bulletin SB–GA8–2005–29, Issue 2, dated 

February 14, 2006. 

FAA AD Differences 

(f) None. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, Attn: Doug Rudolph, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4059; facsimile: 

(816) 329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(2) Return to Airworthiness: When 

complying with this AD, perform FAAapproved corrective actions before returning 

the product to an airworthy condition. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) This AD is related to MCAI Australian 

AD No. AD/GA8/4, effective April 13, 2006, 

which references Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2005–

29, Issue 2, dated February 14, 2006. 

Material Incorporated by Reference 

(i) You must use Gippsland Aeronautics 

Mandatory Service Bulletin SB–GA8–2005–

29, Issue 2, dated February 14, 2006, to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Gippsland Aeronautics, PO 

Box 881, Morwell, Victoria 3840, Australia; 

telephone: + 61 (0) 3 5172 1200; facsimile: + 

61 (0) 3 5172 1201; e-mail: 

support@gippsaero.com. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; or at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Kansas City, Missouri, on 

September 12, 2006. 

Sandra J. Campbell, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 06–7928 Filed 9–19–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 700 

[Docket No. 060831232–6232–01] 

RIN 0694–AD90 

Defense Priorities and Allocations 

System (DPAS): Assistance Programs 

With Canada and Other Nations 

AGENCY: Bureau of Industry and 

Security, U.S. Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Defense 

Priorities and Allocations System 

(DPAS) Regulation (15 CFR part 700) to 

provide additional guidance on how 

persons in Canada and other foreign 

nations may apply for priority rating 

authority and special priorities 

assistance to obtain items in the United 

States, and to provide information on 


rwilkins on PROD1PC63 with RULES